POLAND Law and Practice Contributed by: Agnieszka Janicka and Krzysztof Hajdamowicz, Clifford Chance
lishment of the group and, therefore, application of these regulations is not mandatory.
rejected by the employee, this results in the ter - mination of the employment contract. Polish law provides for three types of employ - ment contracts, based on whether the contract is concluded for: • a probationary period; • a fixed term; or • an indefinite term. The purpose of a probationary period contract is to verify an employee’s suitability for the given position. It may be concluded for a maximum period of one, two or three months, with the maximum period depending on the type and duration of contract the parties intend to con - clude subsequently. It is possible to extend the probationary period by periods of holidays and any other justified absences. The contract for a probationary period can, in principle, be con - cluded only once in relation to a specific posi - tion. A fixed-term contract can be concluded for a maximum of 33 months. The duration of subse - quent fixed-term contracts concluded with the same employer is calculated in aggregate for that purpose. No more than three subsequent fixed-term contracts may be concluded; if these limits are exceeded, the contract automatically becomes a contract for an indefinite term. The law provides for certain exceptions where the limits may be exceeded without the contract becoming a contract for an indefinite term, including the conclusion of a contract for a term of office or a situation where the employer can objectively justify exceeding the limit. 4.3 Working Time Employees may work full-time or part-time, and there are no minimum working hours. The stand -
4. Employment Law 4.1 Nature of Applicable Regulations Employment regulations are contained in a number of legal sources, including statutes of law, collective bargaining agreements and oth - er collective arrangements based on statutes and regulations issued by the employer. Statu - tory employment laws are of a semi-imperative nature, which means that other provisions regu - lating terms of employment – such as collective bargaining agreements, other collective arrange - ments and internal regulations – may modify statutory provisions, but only for the benefit of employees. Modifications to the employees’ detriment will be ineffective. The same applies to individual employment contracts. 4.2 Characteristics of Employment Contracts An employment contract should be signed in wet ink or with a qualified electronic signature (QES), although failure to satisfy this require - ment does not result in the invalidity of the con - tract – an employment contract is also valid and enforceable when concluded orally or even per facta concludentia. However, where the con - tract has not been concluded in writing or with a QES, the employer is obliged to confirm to the employee the arrangements regarding the parties to the contract, the type of contract and the conditions of the contract in writing prior to admitting the employee to work. Any change to the terms of employment should also be made in writing. A unilateral change that is detrimental to the employee requires notice of change to conditions of work and pay (in writing or signed with a QES). If the proposed new conditions are
691 CHAMBERS.COM
Powered by FlippingBook